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, eric holder, president obama, the white house, you know, they want this in the u.s. court system. as a result of that, that puts you on a certain path. i think there is some concern here, certainly on my part and others if you don't mirandize him obviously he's entitled to his defense, and the defense is going to take that and make it a serious issue. and so, you know, yes it's great, put him in the u.s. court system if that's what you want to do but be aware that, you know, it's dangerous at times. and so if they start pulling information out of him and they haven't read him his rights, because they say there is an exception in terms of public security, then if they want to go that route i think we have to be careful, because it could come back around and bite us in the back side. jenna: interesting just for context for the jose padilla case, who was considered an enemy combatant and then put in civilian court he did not get the maximum sentence. there was a lot of legalities around that, and there are some questions still being raised about how that case was handled and whether
to legal counsel when you're being questioned for national security purposes. so i hope the obama administration will allow that exception and they have a very bad track record here. >> the white house telling reporters it would try tsarnaev in federal court and no other options were considered. >> this is matter decide ode by the attend of yates and the attorney general. the whole national security team supports this decision. >> to bring it down for you, the confusion comes over the venue. there is no way under the military commissions act to try an american citizen at the military courts in guantanamo bay, but if a sed threshold of evidence was met, if there was evidence that the brothers were directed by a foreign terrorist organization that would call for enemy combatant status. >> we have been talking about the trip to russian that the older suspect took. it's my understanding you learn more about the trip. >> fox news was told that russia's equivalent othe fbi isn't a letter to the bureau claiming the older brother was a believer in radical islam and traveled to join an ext
the administration's use of, the aclu's issues with the obama administration and their sort of tactics in the great war on terror. how much do you think that the white house has sort of come around on some of these issues? i mean there's a lot of talk about the expansion of privileges, a continuation of the bush administration tactics. here's a case where they seem to try to be taking a middle ground. which is waive the miranda rights for a period of time, but there's a sense that they ultimately will read him his miranda rights. >> well, you know, certainly there are a host of issues that we disagree with the administration on. but i think in this case, where you know, you do have an american citizen and you know, this is, is a way, an opportunity for us to show the power of our criminal justice system. and, and you know, do, proceed fairly and get to the truth of the matter and get all the information that is needed for the prosecution in a way that preserves it as evidence. >> mike, katty kay here, i wonder if you thought this was a case that was justified in having the public safety exception a
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